Nagrikata Form: Complete Guide to Nepal Citizenship by Descent
Nepal citizenship by descent is the most common way to obtain Nepali citizenship, allowing individuals whose parents are Nepali citizens to claim their rightful citizenship status. This comprehensive guide addresses the complete application process, legal requirements, and solutions to common problems faced by Nepali citizens when applying for citizenship by descent.
What is Citizenship by Descent in Nepal?
Citizenship by descent in Nepal refers to the legal process through which individuals obtain Nepali citizenship based on their parents’ citizenship status. According to Article 11(2) of the Constitution of Nepal 2015, a person whose father or mother was a citizen of Nepal at the time of their birth is eligible for citizenship by descent.
The Constitution of Nepal 2015 and Nepal Citizenship Act 2063 govern the provisions for citizenship by descent, ensuring that children can claim citizenship from either parent, promoting equality between men and women.
Who is Eligible for Citizenship by Descent?
Legal Requirements for Citizenship by Descent
According to Nepal’s constitutional provisions, the following individuals are eligible for citizenship by descent:
- Persons whose father or mother was a Nepali citizen at their birth (Article 11(2)(b))
- Children of citizens who obtained citizenship by birth before the Constitution can acquire citizenship by descent upon attaining majority if both parents are citizens (Article 11(3))
- Minors found in Nepal with unknown parents are citizens by descent until parents are traced (Article 11(4))
- Persons born in Nepal to a Nepali citizen mother where the father is not traced (Article 11(5))
Education Consultancy Registration in Nepal
Age and Residency Requirements
To apply for citizenship by descent, applicants must:
- Be at least 16 years old
- Reside in Nepal and in the district where they are applying
- Have at least one parent who holds Nepali citizenship by descent
Where to Apply for Citizenship by Descent?
Citizenship by descent applications must be submitted to the District Administration Office (DAO) in the district where the applicant resides. Each district in Nepal has a DAO that handles citizenship applications and maintains records of citizenship certificates issued.
Required Documents for Citizenship by Descent
Based on official District Administration Office requirements, applicants must submit the following documents:
Document Type | Quantity | Notes |
---|---|---|
Father’s citizenship certificate | 1 original + 1 copy | Required if available |
Mother’s citizenship certificate | 1 original + 1 copy | Required if available |
Birth registration certificate | 1 original + 1 copy | Must be issued by local authorities |
Educational certificate | 1 original + 1 copy | School leaving certificate or equivalent |
Marriage registration certificate | 1 original + 1 copy | If applicable |
Permanent residence proof | 1 original + 1 copy | House completion certificate, electricity bill, or water bill |
Land ownership documents | 1 original + 1 copy | If applicable |
Migration certificate | 1 original + 1 copy | If applicant has migrated from another district |
Passport-sized photographs | 2 pieces | Recent photos with plain background |
Important Note: All documents must be submitted in both original and copy format to the District Administration Office.
How to Complete the Citizenship by Descent Application Process
Step-by-Step Application Procedure for Citizenship by descent
- Step 1: Document Preparation
- Gather all required documents listed above
- Ensure all documents are valid and not expired
- Make photocopies of all original documents
- Step 2: Local Level Recommendation
- Visit your local ward office or municipality
- Submit documents for verification and recommendation
- Obtain official recommendation letter from local authorities
- Step 3: District Administration Office Application
- Visit the District Administration Office in your district
- Fill out the Nagrikata form (citizenship application form)
- Submit all documents along with the application form
- Pay any applicable fees (if required)
- Step 4: Verification Process
- DAO officials will verify your documents
- They may conduct background checks
- Officials may interview you to confirm eligibility
- Witness verification may be required
- Step 5: Issuance of Citizenship Certificate
- After successful verification, your application will be approved
- Citizenship certificate will be issued
- The process typically takes 1-2 hours if all documents are in order
Processing Time and Fees for Citizenship by descent
Aspect | Details |
---|---|
Processing Time | 1-2 hours (if documents complete) |
Citizenship by Descent Fee | No specific fee outlined by law |
Naturalized Citizenship Fee | Rs. 100 for descendants of Nepalese citizens, Rs. 500 for other foreigners |
When to Apply for Citizenship by Descent?
The optimal time to apply for citizenship by descent is:
- After turning 16 years old (minimum age requirement)
- Before needing citizenship documents for education, employment, or travel
- When all required documents are readily available
- During regular working hours of District Administration Offices (10:00 AM – 5:00 PM, Sunday to Thursday; 10:00 AM – 3:00 PM on Friday)
Why Choose Citizenship by Descent Route?
Citizenship by descent is the preferred route for most Nepali citizens because:
- Constitutional Right: It’s a fundamental right guaranteed by the Constitution of Nepal
- Permanent Status: Provides permanent citizenship status with full rights
- Parental Connection: Maintains the legal bond with parents’ citizenship
- No Additional Requirements: Unlike naturalized citizenship, no additional residency or language requirements
- Full Rights: Entitles holder to all political, social, and economic rights in Nepal
Common Problems Faced by Citizenship by Descent Applicants
Issues with Father’s Citizenship
Many applicants, particularly those from rural areas, face problems when their father’s citizenship is unavailable. Common issues include:
- Missing or deceased fathers with no citizenship documentation
- Fathers who have abandoned the family and cannot be located
- Lost or destroyed citizenship documents due to natural disasters or conflict
- Fathers working abroad with no accessible citizenship proof
Single Mother Citizenship Challenges
Despite constitutional provisions allowing citizenship through mother’s name, single mothers face significant challenges:
- Bureaucratic inefficiencies causing delays in processing
- Invasive personal interrogations about family situations
- Lack of support systems for single mothers at DAO offices
- Social stigma and discrimination during application process
- Legal barriers despite Supreme Court rulings supporting mother’s name citizenship
Documentation Problems
Common documentation issues include:
- Lack of birth registration certificates
- Name discrepancies between different documents
- Educational certificates without proper citizenship details
- Permanent residence proof difficulties for migrant families
- Language barriers in understanding legal requirements
Bureaucratic Delays
Applicants often face:
- Long processing times beyond the stated 1-2 hours
- Multiple visits required to DAO offices
- Lack of guidance from officials on proper procedures
- Inconsistent requirements between different districts
- Corruption and demands for unofficial payments
Recent Legal Developments Affecting Citizenship by Descent
Supreme Court Landmark Decisions
The Supreme Court of Nepal has issued several important decisions regarding citizenship by descent:
- Mother’s Name Citizenship Ruling (2023): The Supreme Court ruled that refusing to grant citizenship in the name of the mother is unconstitutional, ordering authorities to provide citizenship certificates based on Article 11(5) of the Constitution.
- Kristina Maharjan Case: The court ordered authorities to issue citizenship by descent to a person born to an unmarried mother, establishing precedent for similar cases.
Constitutional Amendments
Recent amendments to citizenship laws have:
- Streamlined processes for children of Nepali citizens
- Addressed gender discrimination in citizenship provisions
- Extended deadlines for certain citizenship applications
- Clarified procedures for citizenship by descent cases
Solutions to Common Citizenship by Descent Problems
For Father’s Citizenship Issues
- Supreme Court Rely: Cite recent Supreme Court decisions that support citizenship through mother’s name
- Legal Assistance: Seek help from legal aid organizations specializing in citizenship cases
- Alternative Documentation: Use other family documents, land records, or witness statements
- Public Interest Litigation: File PIL for systemic issues affecting multiple applicants
For Single Mother Applications
- Document Everything: Maintain detailed records of all interactions with authorities
- Seek Legal Help: Contact organizations like FWLD (Forum for Women, Law and Development)
- Use Media Advocacy: Highlight cases through media to pressure authorities
- Community Support: Build networks with other single mothers facing similar issues
For Documentation Problems
- Affidavits: Use notarized affidavits for missing documents
- Alternative Proof: Submit school records, medical records, or other official documents
- Witness Testimony: Provide statements from community leaders or elected officials
- Government Correspondence: Use any previous government communications as proof
FAQ: Nepal Citizenship by Descent
Q1: What is the minimum age for applying for citizenship by descent in Nepal?
A: The minimum age is 16 years as per the Nepal Citizenship Act 2063.
Q2: Can I get citizenship through my mother’s name if my father is not available?
A: Yes, according to Article 11(5) of the Constitution and recent Supreme Court decisions, you can obtain citizenship through your mother’s name if your father is not traced or available.
Q3: How long does the citizenship by descent application process take?
A: The process typically takes 1-2 hours if all documents are complete and in order.
Q4: What documents are absolutely required for citizenship by descent?
A: Essential documents include birth certificate, parent’s citizenship certificates, educational certificate, and permanent residence proof.
Q5: Can I apply for citizenship by descent if I was born outside Nepal?
A: Yes, if either of your parents was a Nepali citizen at the time of your birth, you can apply for citizenship by descent.
Q6: What should I do if my citizenship application is rejected?
A: You can appeal the decision, seek legal assistance, or file a writ petition in the appropriate court.
Q7: Is there a fee for citizenship by descent application?
A: No specific fee is outlined for citizenship by descent, though there may be nominal administrative charges.
Q8: Can I get citizenship by descent if only one parent is Nepali?
A: Yes, according to the Constitution, having either father or mother as a Nepali citizen makes you eligible for citizenship by descent.
Q9: What happens if I cannot find my father’s citizenship certificate?
A: You can apply through your mother’s citizenship by citing Article 11(5) and recent Supreme Court decisions.
Q10: Can I change my citizenship from father’s name to mother’s name later?
A: Yes, you can apply for amendment of citizenship certificate with proper legal justification and court orders if necessary.
Conclusion: Your Path to Nepal Citizenship by Descent
Nepal citizenship by descent is your constitutional right, and understanding the process is crucial for successful application. While challenges exist, particularly for single mothers and those with missing parental documentation, recent legal developments and Supreme Court decisions have made the process more accessible.
Remember these key points:
- Start early and gather all required documents
- Know your rights under the Constitution and recent court decisions
- Seek help when facing bureaucratic hurdles
- Persist through challenges as citizenship is worth the effort
- Use legal remedies when facing unjustified rejections
For the most current information and personalized assistance, visit your local District Administration Office or consult with legal experts specializing in Nepal citizenship law. Your citizenship is not just a document—it’s your key to full participation in Nepal’s democratic society and access to all fundamental rights as a Nepali citizen.
Take action today to secure your citizenship by descent and claim your rightful place in Nepali society!
Leave a Reply